January 3, 2017 - 6:00 pm - County Board of Commissioners Meeting Minutes (Zoning)

10 494 Meeting of the Johnston County Board of Commissioners January 3 , 2017 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , January 3 , 2017 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Ted G Godwin , Cookie Pope , Allen L Mims , Jr , Chad M Stewart , Keith Branch , and Larry Wood Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Jeffrey P Carver called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment A Update from Flowers Plantation Reid Stephenson , representing Flowers Plantation , provided the Board with an update on recent developments , sales , planned projects , and upcoming activities at Flowers Plantation Mr Stephenson stated Flowers Plantation is the fifth fastest growing community in the Triangle as was reported by the Triangle Business Journal in a December 27 , 2016 article Mr Stephenson stated 2016 new home sales for Flowers Plantation totaled 47,945,309 which amounts to 180 homes sold averaging around the 260,000 - 270,000 price range Mr Stephenson reported on new lots being developed and compared the data to surrounding counties Mr Stephenson stated they are projecting 221 sales for 2017 He provided the Board with the article from the Triangle Business Journal as well as sales data , a copy of the Treasure Fall Winter 2016 magazine for Flowers Plantation , and their most recent newsletter Commissioner Ted G Godwin thanked Mr Stephenson for the information stating it is very useful to the Board 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – December 21 and 28 , 2016 Certified letters were mailed to adjoining property owners on December 19 , 2016 Notices were posted at the locations on November 2 , 2016 for Cases 16 - 29 ; 16 - 30 ; and 16 - 31 The Chairman opened the Rezoning Hearing for Case 16 - 29 Case 16 - 29 Petition to rezone 237 acres out of a 543 acre tract located on Waymon Way in Clayton Township from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 05H04043 Owner Sam Allen Applicant Michael Doran Planning Director Berry Gray stated the petition is to rezone 237 acres out of a 543 acre tract located on Waymon Way in Clayton Township from Agricultural Residential to Agricultural Residential – Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a 165 ’ telecommunication tower and supporting equipment facility He stated the site is currently vacant but was previously used as a landscaping business The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes as well as R - E by the Town of Clayton and used for agricultural and residential purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Gray explained that towers are allowed with a maximum height of 199 ’ within Primary Growth Areas and the applicant is only requesting a tower height of 165 ’ Attorney Tom Johnson , Nexsen Pruet Law Firm , 4141 Park Lake Avenue , Raleigh , representing the applicant , stated they are asking for a 165 ’ tower on the subject site to help with a gap in the coverage area Mr Johnson stated they have agreed to increase the buffer requirements per the recommendation at the Planning Board meeting and he offered to answer any questions Page495 January 3 , 2017 – 6 00 pm Continued At the inquiry of Commissioner Ted G Godwin , Mr Johnson stated they are only asking for a 165 ’ tower because that height is all that is needed to reach the coverage area Catherine O’Leary , 129 Waymon Way , spoke in opposition to the request Ms O’Leary expressed concerns that her property value will decrease since she lives directly beside the subject site Ms O’Leary also questioned the setback requirements and how far away the tower would be located from her property Chairman Jeffrey P Carver stated that he remembered Ms O’Leary from the Planning Board Meeting and she does have valid concerns over the proposed use Chairman Carver explained that the North Carolina General Assembly has most of the say regarding cell towers ; however , the Board of Commissioners can help with addressing specific concerns of neighboring property owners such as buffer requirements and such At the request of Commissioner Chad M Stewart , Ms O’Leary noted the location of her home on the aerial photograph for the Board Mr Johnson readdressed the Board and stated he has an expert available regarding property values that can speak to those concerns Mr Johnson reported the setbacks will be in accordance with the County’s ordinance requirements and noted that per the recommendation of the Planning Board , they will be installing an additional Class C buffer along the side of the property that adjoins Ms O’Leary County Attorney Jennifer Slusser advised that it would be more appropriate for the real estate appraiser to speak during the special use portion of the hearing if the rezoning is approved There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 16 - 29 Decision on Rezoning Case 16 - 29 Case 16 - 29 Petition to rezone 237 acres out of a 543 acre tract located on Waymon Way in Clayton Township from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 05H04043 Owner Sam Allen Applicant Michael Doran Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 29 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 29 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 05H04043 located on Waymon Way as shown on the attached Exhibit A , from Agricultural Residential AR to Agricultural Residential Special Use AR SUD for a 165 ’ tall telecommunications tower and supporting equipment facility WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that Page496 January 3 , 2017 – 6 00 pm Continued a The amendment is consistent with the Comprehensive Land Use Plan in that the tower height is allowed in this land use area 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The use can be limited in scope through the use of special conditions , and the proposed development meets the standards found in the Johnston County Land Development Code The conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public rd Adopted this the 3 day of January , 2017 Commissioner Ted G Godwin moved the Board approve Rezoning Case 16 - 29 to rezone 237 acres out of a 543 acre tract located on Waymon Way in Clayton Township from Agricultural Residential to Agricultural Residential – Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 16 - 29 Case 16 - 29 To allow for a 165 ’ telecommunication tower and supporting equipment facility Owner Sam Allen Applicant Michael Doran Those wishing to speak on Special Use Case 16 - 29 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to allow for a 165 ’ telecommunication tower and supporting equipment facility Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 16 - 29 on August 29 , 2016 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On November 15 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 29 and made the following recommendations Upon a motion by Mr Smith to approve Rezoning Case 16 - 29 , seconded by Ms Hackler ; Rezoning Case 16 - 29 was approved at the November 15th , 2016 Planning Board Meeting with a vote of 8 - 1 , Mr Stewart voted against Upon a motion by Mr Letchworth to approve the Special Use Conditions for Rezoning Case 16 - 29 with the added condition of Class C buffering on three sides , seconded by Mr Smith , the Special Use Conditions for Case 16 - 29 were approved at the November 15th , 2016 Planning Board Meeting with a vote of 8 - 1 , Mr Stewart opposed Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant See “ Statement in Support of Application ” in application packet 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant See “ Statement in Support of Application ” in application packet 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant See “ Statement in Support of Application ” in application packet 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant See “ Statement in Support of Application ” in application packet Specific Land Uses APPLICANT To allow for a 165 ’ monopole telecommunication towerPage497 January 3 , 2017 – 6 00 pm Continued Special Use Conditions 1 Permitted Uses 165 ’ monopole telecommunication tower 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of a Class B landscape buffer along the outer perimeter of the chain - link security fence surrounding the base of the tower 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement A Class C landscape buffer 3 large trees , 4 small trees , and twelve shrubs every one hundred linear feet shall be required along the north , east , and west fence lines 6 The proposed structure shall accommodate the Applicant’s antennas equipment and four additional collocations of similar equipment for a total of five arrays 7 Both Verizon RF documents regarding site need and qualifications are resubmitted on Verizon letterhead and signed by the Verizon engineer with current dates 8 All feed lines shall be installed within the support structure and antenna ports shall be sealed in a manner to prevent access by birds and any other wildlife 9 The proposed structure shall not be lighted unless FAA requires 10 At the time of permitting , the Applicant shall provide a structural analysis signed by a North Carolina Professional Engineer to comply with ANSI EIA TIA - 222 - G as amended for Johnston County for the approved number of antenna arrays 11 The facility shall be constructed so that access is only attainable by qualified personnel Changes in bold recommended by Planning Board Mr Gray listed and reviewed the special use conditions with the Board and added “ and supporting equipment facility ” to condition # 1 Mr Gray explained the setback is based on the height of the tower plus 10 which in this case is 1815 ’ as is noted on the site plan Mr Gray stated the setback is calculated from the property line He noted a chain link fence will also surround the leased area of the site Mr Gray called to the Board’s attention the increased buffer of an additional Class C buffer along the north , east , and west fence lines Attorney Tom Johnson , Nexsen Pruet Law Firm , 4141 Park Lake Avenue , Raleigh , representing the applicant , asked that the application for the special use permit along with all associated documents be admitted into the record contained within the agenda packet in support of their request Mr Johnson stated the applicant agrees with the special use conditions as proposed Mr Johnson reviewed with the Board information contained within the agenda packet illustrating coverage demands and how the tower would help to meet those demands as well as photo simulations which give an idea of the tower’s projected visibility Mr Johnson submitted an “ Impact Statement ” to the Board prepared by Graham Herring Commercial Real Estate LLC and asked Mr Herring to speak on the statement Appraiser Graham Herring , 8052 Grey Oak Drive , Raleigh , stated he was asked to evaluate the subject site from the standpoint of would it create any significant diminishment of value or have an adverse effect on the developed properties in the proximity of the subject site He continued that he was also asked to make comparisons regarding this proposed tower and it being atypical in any way to the existing towers in surrounding areas and counties Mr Herring reported the tower would not be atypical and his findings are that there would be no measurable impact to the degree that it would create adverse influence or the diminishment of value in any great way to surrounding properties Commissioner Allen L Mims , Jr asked if a generator would be part of the tower and if so , how often would it be tested Craig Parker , 207 Harbor Place Drive , Davidson , stated he is the Project Manager on behalf SCI Towers in North Carolina Mr Parker stated each carrier on the tower will have their own backup generator for their equipment Mr Parker continued that with regards as to how often generators would be tested , it would be up to the individual carrier ; however , the generators would only be utilized on a long term basis if there was an emergency resulting in extreme power outages Commissioner Mims asked if any studies had been done with regards to noise from the generators Mr Parker stated while he cannot estimate the noise on a decibel level , if the generators are within a prefabricated building then the building would insulate the sound and the noise should be restricted to the site He continued that the site itself will not create any noise or vibrations Mr Parker stated the generators are only there as a backup in case of a loss of power He stated the objective is not to create noise for the surrounding neighbors PagePage pageNumber5498 January 3 , 2017 – 6 00 pm Continued Mr Johnson readdressed the Board and stated more generators are being put on tower sites today because of the need for 911 services He stated any testing of the generators would typically be done during the day and the generators should only run at night if there is a power outage Commissioner Mims stated he wants to make sure that test cycles of the generators would not happen at night since Ms Catherine O’Leary lives adjacent to the site Laura Sarnicola , 129 Waymon Way , daughter of adjacent property owner Catherine O’Leary , expressed concerns over the visibility of the tower Ms Sarnicola stated she would like to see exactly what the tower will look like from their property Chairman Jeffrey P Carver referenced the photo simulations shown by Mr Johnson as examples of what the tower will look like Ms Sarnicola asked if the photo simulations would be exactly what she would see when she looks out her back door Catherine O’Leary , 129 Waymon Way , asked for confirmation that each carrier would have their own generator Commissioner Mims confirmed that according to Mr Parker , each carrier will have their own generator Ms O’Leary stated regarding her property value , when she purchased her property a tower was not on the subject site and she feels sure that it would have impacted her decision to purchase her property if it had been already there At the inquiry of Commissioner Ted G Godwin , Ms O’Leary stated she does use wireless communications at her home She stated they use Verizon and have no problems with coverage Mr Johnson stated that from a legal perspective , expert testimony is required during the special use hearing and Mr Herring has said there will be no impact on the property values Mr Johnson continued that as far as the effectiveness of the service , they have certified statements from their engineer stating what the coverage currently is in the area and what is needed to fill that gap He stated under North Carolina law , the expert testimony is what should be considered as evidence Mr Johnson referenced the photo simulations stating those photos give an idea of visibility from approximately 250 ’ away He noted that the simulations do not take into account the additional Class C buffer Mr Johnson stated Ms O’Leary will see the additional Class C buffer as they are trying to go above and beyond to address her concerns Chairman Carver stated the Board understands that it must consider expert testimony ; however , he noted that Ms O’Leary is a taxpayer and was there first so the Board is also going to listen to her concerns Chairman Carver reminded everyone that legislation limits what the Board can do as far as cell towers are concerned Upon a question by Commissioner Cookie Pope , Mr Johnson stated they do agree to 911 - Communications co - locating on the tower There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 16 - 29 Decision on Special Use Case 16 - 29 Case 16 - 29 To allow for a 165 ’ telecommunication tower and supporting equipment facility Owner Sam Allen Applicant Michael Doran Based on the findings of facts and special use conditions as listed below , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit for Case 16 - 29 to allow for a 165 ’ telecommunication tower and supporting equipment facility on 237 acres out of a 543 acre tract locatedPagePage pageNumber6499 January 3 , 2017 – 6 00 pm Continued on Waymon Way in Clayton Township Commissioner Ted G Godwin seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant See “ Statement in Support of Application ” in application packet as is on file in the Johnston County Planning Department 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant See “ Statement in Support of Application ” in application packet as is on file in the Johnston County Planning Department 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant See “ Statement in Support of Application ” in application packet as is on file in the Johnston County Planning Department 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant See “ Statement in Support of Application ” in application packet as is on file in the Johnston County Planning Department Specific Land Uses APPLICANT To allow for a 165 ’ monopole telecommunication tower Special Use Conditions 1 Permitted Uses 165 ’ monopole telecommunication tower and supporting equipment facility 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of a Class B landscape buffer along the outer perimeter of the chain - link security fence surrounding the base of the tower 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement A Class C landscape buffer 3 large trees , 4 small trees , and twelve shrubs every one hundred linear feet shall be required along the north , east , and west fence lines 6 The proposed structure shall accommodate the Applicant’s antennas equipment and four additional collocations of similar equipment for a total of five arrays 7 Both Verizon RF documents regarding site need and qualifications are resubmitted on Verizon letterhead and signed by the Verizon engineer with current dates 8 All feed lines shall be installed within the support structure and antenna ports shall be sealed in a manner to prevent access by birds and any other wildlife 9 The proposed structure shall not be lighted unless FAA requires 10 At the time of permitting , the Applicant shall provide a structural analysis signed by a North Carolina Professional Engineer to comply with ANSI EIA TIA - 222 - G as amended for Johnston County for the approved number of antenna arrays 11 The facility shall be constructed so that access is only attainable by qualified personnel The Chairman reopened the Rezoning Hearing for Case 16 - 30 Case 16 - 30 Petition to rezone 10541 acres out of a 26427 acre tract located off Williford Road SR 1200 in Bentonville Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 02O15008 Owner Lorena and Gurney McBryde Applicant Matthew Sand and Gravel , Inc Planning Director Berry Gray stated the petition is to rezone 10541 acres out of a 26427 acre tract located off Williford Road in Bentonville Township from Agricultural Residential to Industrial 2 – Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a sand mining operation He stated the site is currently vacant The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; and Industrial 2 – Special Use District and used for a mining operation The area is located within a designated “ Agricultural Rural Conservations Area ” on the County’s Comprehensive Land Use Plan which denotes areas of low levels of growth pressures , anticipated over the next 20 years These areas should be considered for rural conservation and agricultural preservation programs Andrew Hodge , Adams & Hodge Engineering , representing the applicant , asked the Board to approve the request and noted there are other sand mines in the area There being no further public comments , the Chairman closed the public comment portion of the hearing PagePage pageNumber7500 January 3 , 2017 – 6 00 pm Continued Mr Gray reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 16 - 30 Decision on Rezoning Case 16 - 30 Case 16 - 30 Petition to rezone 10541 acres out of a 26427 acre tract located off Williford Road SR 1200 in Bentonville Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 02O15008 Owner Lorena and Gurney McBryde Applicant Matthew Sand and Gravel , Inc Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 30 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 30 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 02O15008 located off Williford Road as shown on the attached Exhibit A , from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD for a sand mining operation WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is consistent with the Comprehensive Land Use Plan in that it aligns with “ Goal 3 Diversify and Expand the Economy ” and “ Goal 6 Preserve Farmland ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The proposed site is located near similar zonings and uses rd Adopted this the 3 day of January , 2017 Commissioner Chad M Stewart moved the Board approve Rezoning Case 16 - 30 to rezone 10541 acres out of a 26427 acre tract located off Williford Road in Bentonville Township from Agricultural Residential to Industrial 2 – Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 16 - 30 Case 16 - 30 To allow for a sand mining operation Owner Lorena and Gurney McBryde Applicant Matthew Sand and Gravel , Inc Those wishing to speak on Special Use Case 16 - 30 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to allow for a sand mining operation Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 16 - 30 on September 29 , 2016 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board PagePage pageNumber8501 January 3 , 2017 – 6 00 pm Continued ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On November 15 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 30 and made the following recommendations Upon a motion by Mr Summerlin to approve Rezoning Case 16 - 30 , seconded by Mr Creech , Rezoning Case 16 - 30 was approved at the November 15th , 2016 Planning Board Meeting with a unanimous vote of 8 - 0 Upon a motion by Mr Stewart to approve the Special Use Conditions for Case 16 - 30 , seconded by Mr Summerlin , Special Use Conditions for Case 16 - 30 were approved at the November 15th , 2016 Planning Board Meeting with a unanimous vote of 8 - 0 Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The site will be operating under a NCDENR mining permit and will follow all the safety requirements 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The operation will be in compliance with all pertinent codes and regulations The permitting of the operation will be through NCDENR and will follow their regulations as well as the Special Use conditions specified by Johnston County 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The operation will follow the reclamation plan as specified by NCDENR and follow all Special Use conditions as by Johnston County There are several existing mines in the area We ask for a 50 ’ buffer from adjacent properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The area is already subject to mining operations with no negative interference with adjacent farming or forestry operations Property will comply with all codes and conditions established by the County Specific Land Uses APPLICANT To allow for sand mining operation Special Use Conditions 1 Permitted Uses Sand Mine Operation 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 4 Operation hours for excavation and transporting materials Monday – Friday dawn to dusk , Saturday dawn to dusk for extraction with hauling from 7 00 AM to 3 00 PM 5 No signage 6 Obtain all required State permits and adhere to all State regulations 7 Existing vegetation shall remain within the buffer area 8 Setbacks 50 ’ from zoning property line as long as written consent is provided from the adjacent property owners If that consent cannot be agreed upon , then the 250 ’ buffer remains in effect reduction of condition # 9 Item # 5 f and g 9 The following shall apply Land Development Code Section 14 - 257 d 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; andPagePage pageNumber9502 January 3 , 2017 – 6 00 pm Continued l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities Page0503 January 3 , 2017 – 6 00 pm Continued h The applicant shall submit operational reports , prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required k For all extractive uses , a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met Such performance guarantee shall be in a form approved by the county attorney The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis , if the cost does not exceed the amount posted with the state If the rehabilitation cost exceeds the amount required by the state , then the difference shall be made up in a bond to the county Mr Gray listed and reviewed the special use conditions with the Board Mr Gray stated the applicant has requested a reduction in the setbacks and in the past the Board has allowed this so long as written permission is obtained from the adjoining property owner Andrew Hodge , Adams & Hodge Engineering , representing the applicant , reviewed the setbacks on the site plan with the Board There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 16 - 30 Decision on Special Use Case 16 - 30 Case 16 - 30 To allow for a sand mining operation Owner Lorena and Gurney McBryde Applicant Matthew Sand and Gravel , Inc Based on the findings of facts and special use conditions as listed below , Commissioner Chad M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 16 - 30 to allow for a sand mining operation on 10541 acres out of a 26427 acre tract located off Williford Road in Bentonville Township Commissioner Cookie Pope seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The site will be operating under a NCDENR mining permit and will follow all the safety requirements 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The operation will be in compliance with all pertinent codes and regulations The permitting of the operation will be through NCDENR and will follow their regulations as well as the Special Use conditions specified by Johnston County 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The operation will follow the reclamation plan as specified by NCDENR and follow all Special Use conditions as by Johnston County There are several existing mines in the area We ask for a 50 ’ buffer from adjacent properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The area is already subject to mining operations with no negative interference with adjacent farming or forestry operations Property will comply with all codes and conditions established by the County Specific Land Uses APPLICANT To allow for sand mining operation Special Use Conditions 1 Permitted Uses Sand Mine Operation 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 4 Operation hours for excavation and transporting materials Monday – Friday dawn to dusk , Saturday dawn to dusk for extraction with hauling from 7 00 AM to 3 00 PM 5 No signage Page1504 January 3 , 2017 – 6 00 pm Continued 6 Obtain all required State permits and adhere to all State regulations 7 Existing vegetation shall remain within the buffer area 8 Setbacks 50 ’ from zoning property line as long as written consent is provided from the adjacent property owners If that consent cannot be agreed upon , then the 250 ’ buffer remains in effect reduction of condition # 9 Item # 5 f and g 9 The following shall apply Land Development Code Section 14 - 257 d 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same Page2505 January 3 , 2017 – 6 00 pm Continued b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities h The applicant shall submit operational reports , prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required k For all extractive uses , a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met Such performance guarantee shall be in a form approved by the county attorney The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis , if the cost does not exceed the amount posted with the state If the rehabilitation cost exceeds the amount required by the state , then the difference shall be made up in a bond to the county The Chairman reopened the Rezoning Hearing for Case 16 - 31 Case 16 - 31 A petition to rezone a 383 acre tract located at 11621 Cleveland Road in Cleveland Township from Community Business CB to General Business - Special Use District GB - SUD Tax ID 06E02016G Owner Arbutina Properties , LLC Applicant Chris Arbutina Planning Director Berry Gray stated the petition is to rezone a 383 acre tract located at 11621 Cleveland Road in Cleveland Township from Community Business to General Business - Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for self - storage and automotive sales He stated the site is currently zoned Community Business and vacant The surrounding land uses are zoned Agricultural Residential and used for agricultural , residential , and educational purposes ; multiple zoning districts within an Interstate Highway Interchange overlay and used for multiple commercial uses ; General Business and used for multiple commercial uses ; and Office & Institutional and currently vacant The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , this site is located ½ mile from a “ Neighborhood Center ” activity node as well as the Interstate Highway Interchange zoning overlay Jerry Dalton , Dalton Engineering , representing the applicant , stated they are proposing a car lot along with mini - storage ; however , the car lot will not include repair , maintenance , detail , or even the display of cars He reported the applicant has a car lot for sales in Garner and this office would be for the mini - storage and administrative purposes for the car lot only ; therefore , they are only asking for 12 spaces Mr Dalton stated the mini - storage will have security 24 hours a day , seven days a week with personnel on site at all times There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 16 - 31 Page3506 January 3 , 2017 – 6 00 pm Continued Decision on Rezoning Case 16 - 31 Case 16 - 31 A petition to rezone a 383 acre tract located at 11621 Cleveland Road in Cleveland Township from Community Business CB to General Business - Special Use District GB - SUD Tax ID 06E02016G Owner Arbutina Properties , LLC Applicant Chris Arbutina Commissioner Cookie Pope moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 31 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 31 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 06E02016G located at 11621 Cleveland Road as shown on the attached Exhibit A , from Community Business CB to General Business – Special Use District GB SUD for self storage and automotive sales WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is consistent with the Comprehensive Land Use Plan in that it aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” and “ Goal 3 Diversify and Expand the Economy ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The proposed zoning is compatible with surrounding land uses and zoning districts In addition , conditions such as limited hours of operation and vegetative buffering will ensure that the request is compatible with the surrounding area and will not negatively affect the public rd Adopted this the 3 day of January , 2017 Commissioner Cookie Pope moved the Board approve Rezoning Case 16 - 31 to rezone a 383 acre tract located at 11621 Cleveland Road in Cleveland Township from Community Business to General Business - Special Use District Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 16 - 31 Case 16 - 31 To allow for self - storage and automotive sales Owner Arbutina Properties , LLC Applicant Chris Arbutina Those wishing to speak on Special Use Case 16 - 31 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to allow for self - storage and automotive sales Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 16 - 31 on September 29 , 2016 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision Page4507 January 3 , 2017 – 6 00 pm Continued ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and